z-logo
open-access-imgOpen Access
Approaches to understanding the terms-concepts «legal actuality» and «legal reality» and the problem of methodological correctness of their use in historical and legal research.
Author(s) -
Kateryna Dolhoruchenko
Publication year - 2021
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-3-80-87
Subject(s) - empirical legal studies , legal research , legal realism , epistemology , correctness , legal culture , legal formalism , meaning (existential) , legal science , legal history , sociology , law , political science , computer science , philosophy , black letter law , comparative law , private law , programming language
The author has clarified the semantic load and content of the terms «reality» and «actuality», and identified their common and distinctive features. She has considered doctrinal approaches to the definition of the terms «legal actuality» and «legal reality». Based on their analysis, her own approach to understanding the content of the category «legal reality» has been suggested. The necessity of differentiation and further correct use of the categories «actuality» and «reality» within the framework of historical and legal research has been proved. The content of the term-concept «legal actuality», its structure and characteristics have been determined. In accordance with the established historical and legal paradigm, it has been determined that only everything possible, objective, already feasible can be valid. The meaning of the term-concept «legal actuality» has been revealed as a system of actually existing or existed phenomena and processes, legal in their essence or nature, which are determined by continuous changes (development) and a specific period of time. The author's position on the methodological correctness of the use of these terms in historical and legal research has been formulated. A characteristic feature of knowledge of the phenomena and processes of historical and legal reality is retrospectiveness. Cognition is carried out from the present to the past, from consequences to causes. At the same time, the perspective nature of such knowledge (especially in the history of Ukrainian political and legal thought) has been revealed, thanks to which modern historical and legal research focuses on patterns, causes and consequences of changes in feasible (real) phenomena and processes in state and law in a particular period.

The content you want is available to Zendy users.

Already have an account? Click here to sign in.
Having issues? You can contact us here